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Full Terms & Conditions
Mont Marte I Can Create Competition
Terms and Conditions of Entry
- Information on prizes and how to enter forms part of the Terms and Conditions of Entry. Entry into this competition is deemed acceptance of these Terms and Conditions.
- To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
Who Can Enter
- Subject to the clauses below, entry is open to residents of any country who have fulfilled the requirements set out below ('Eligible Entrants').
- Employees, and their immediate families, of the Promoter, associated agencies, companies, contractors or individuals are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister, 1st cousin or relative-in-law.
- Any entrant who is under the age of 18, as of the date of entry, must obtain the prior permission of their legal parent or guardian over the age of 18 to enter. The parent or guardian may be contacted to verify their consent and may be required to sign a release at the discretion of the Promoter. The release may also require the entrant's parent or guardian to accept responsibility for the acts and forbearances of the entrant. The release must be completed with the full name, address and telephone number of the entrant's parent or guardian. Failure to provide such proof, particulars or releases will immediately invalidate the entrant's entitlement to any prize, subject to State and Territory legislation.
- Only Eligible Entrants with a valid Australian postal address will receive/be awarded prizes in the event of being selected as a prize winner. Prizes will only be shipped to Australian postal addresses.
- The Promoter is Mont Marte International (ABN 56 101 589 897) of 27 Pentex St, Salisbury, QLD 4107. Any right under these Terms and Conditions of the Promoter may be exercised either individually or collectively.
How to Enter
- To enter, entrants must, during the Promotional Period (defined below )
Upload a photograph of a painting they have painted to Facebook or Instagram and use #montmarteicancreate.
- Uploaded entries must use the hashtag montmarteicancreate to be eligible to win. Entrants may only enter artworks created by themselves, unless uploading on behalf of a minor/s for whom they act as a legal guardian or on behalf of a consenting and collaborating group. Offensive, violent, degrading, discriminating, profane images or images depicting nudity will be deemed invalid and will not be eligible for prizes.
- Artwork other than paintings – such as drawings, sketches, graphic artwork or sculpture – will not be deemed a ‘painting’ and will not be eligible for prizes.
- Artwork should comprise at least 50% of the photograph and must be uploaded during promotional dates.
- Artwork posts must be set to public to be eligible.
- Promotional images and images portraying paintings and deemed to be featuring products other than the Mont Marte brand will not be eligible for prizes.
- Illegible and incomplete entries may be deemed invalid.
Number of Entries Permitted
- One entry per Eligible Entrant. Any entrant found to be entering an artwork created by another individual (excepting for whom they act as a legal guardian or on behalf of a consenting and collaborating group) will have their entry invalidated and will not be able to claim the prize. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return the awarded prize to the Promoter. The Promoters have sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. The Promoters may award the prize to another winner if the entrant is unable to satisfy this clause.
Open, Close and Publish Dates
- The competition commences on 01/08/2019 at 09:00 AM AEST and closes 30/08/2019 at 4:00 PM AEST ('Promotional Period'). All times noted in these Terms and Conditions are local times, based on QLD local time. Entries must be received by the Promoter prior to the competition close date and time.
- Three winners will be selected by a panel of judges at 27 Pentex Street, Salisbury, QLD, 4107 on 4/09/2019. Entries will be shortlisted based on creativity and originality, and will cover a broad sample of entries submitted. The Promoter will ensure that all eligible shortlisted entries will receive equal consideration when judging the winners of the prizes.
- Winners will be notified by direct message or private message within two business days of 4/09/2019. Their names will also be published on the nominated competition page on Mont Marte’s website on 06/09/2019. Winners’ names will also be published online on Mont Marte’s Facebook and Instagram accounts on 06/09/2019, and emailed to Mont Marte’s Creative Connection.
- Prizes will be sent within 28 days of the draw.
- The Promoter may contact other shortlisted entries (in descending order of judging) on20/09/2018(at 10:00AM AEST at 27a Pentex Street, Salisbury, QLD, 4107) to distribute any prizes unclaimed by this date, subject to State and Territory legislation. Additional winners will be notified by direct message or private message. Their names may (at the discretion of the Promoter) be published online on the nominated competition page on Mont Marte’s website and on Mont Marte’s Facebook and Instagram accounts.
Prizes on offer
- The total prize is valued at up to $508.10 (Including GST), as at 17/07/2018. A full list of products included in the prize can be found at http://www.montmarte.net/creativeconnection/competition/.
- The total number of competition winners in this competition is three.
- All expenses relating to the shipping of prizes outside of Australia by a third party are the responsibility of the winners, including but not limited to on-forwarding costs, postal/shipping insurance and any taxes or import duties that may apply.
- The Promoter does not guarantee that the winners will enjoy prizes or be suited to the type of prize that is offered.
- Compliance with other international government requirements is the responsibility of the prize winners and their third party. Transport insurance outside of Australia is not included in the prize but is highly recommended.
- In the event that for any reason whatsoever a winner is not contactable via direct message or private message or does not take the prize at the time stipulated by the Promoter, then the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.
Further Terms and Conditions
- Any entrant found to have used a third party to enter on their behalf will have all entries invalidated and any claim they have to prizes will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. The Promoters reserve the right to disqualify any entrant who provides false information or who seeks to gain an unfair advantage or to manipulate this competition.
- Any entrant found to be entering a photograph of a painting created by another individual (excepting for whom they act as a legal guardian or on behalf of a consenting and collaborating group) will have their entry invalidated and will not be able to claim the prize. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return the awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation they deem necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
- If a prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier's requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
- The Promoter requires a current Australian residential street address be provided when requested for ease of correspondence and prize delivery. The Promoter makes all reasonable efforts to deliver the prize to the address provided by competition entrants, provided the address is in Australia. The Promoter cannot guarantee that if any prize is returned to the Promoter due to non-delivery at the provided address that it will be re-sent to the prize winner.
- The Promoter reserves the right to request the winner to sign a winner's deed of release (and indemnification) or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
- The Promoter reserves the right to contact other shortlisted entries (in descending order of judging) in the event that an entrant, initially deemed to be a winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions.
- The Promoter’s decision in relation to any aspect of the competition is subject to State and Territory legislation but also final and binding on each person who enters. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not transferable or exchangeable, and cannot be taken as cash. Prizes will be sent to the winner's nominated Australian postal address as stated in their original email correspondence with the Promoter. The Promoter and its associated agencies, and companies associated with this promotion will take no responsibility if the prize is damaged or lost in transit.
Privacy Collection Statement
Copyright, Statutory Guarantees, Waiver and Liability
- All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received.
- In participating in the Competition, winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. Winners agree to granting the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winners will not be entitled to any fee for such use.
- The prize winner is advised that tax and/or duty implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
- The Promoter (subject to State and Territory legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affects the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition. In particular, computer generated entries and the use of "scripting" is not permitted and will not be accepted.
- Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.
- Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia ('Non-Excludable Guarantees').
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Entrant; or (f) use of a prize. The Promoter (including their officers, employees and agents) excludes all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this competition including taking or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), including the Non-Excludable Guarantees. Any change in value of the prize occurring between the publishing date and date the prize is claimed is not the responsibility of the Promoter.